If we owe a couple of thousand dollars on a house that we bought but the

man we owe passed away, do we still pay his son?

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If we owe a couple of thousand dollars on a house that we bought but the

man we owe passed away, do we still pay his son?

Asked on February 9, 2017 under Real Estate Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Actually, you pay his "estate." When someone passes away, a legal entity called an "estate" is created to pay off the deceased's bills, to receive money owed to the deceased--like what you still owe--to gather the deceased's assets, and ultimately distribute his assets to his heirs. So while you should coordinate with the son, who is likely (or will likely be appointed) the "personal representative" ("administrator" or "executor") on the estate to let him know what you're doing and find out where to send the money, the payments should be made by check or money order (not cash; you want proof of payment) to "Estate of" whatever the seller's name was. Don't make the checks out directly to the son.


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